Compromise Decree -- Authorisation of Advocate -- Compromise cannot be entered without express authorisation by client
(i) Civil Procedure Code, 1908, O.23 R.3 -- Compromise Decree -- Authorisation of Advocate -- Cannot be entered into on behalf of a client by an advocate in absence of express authorisation, unless exigent circumstances are shown warranting action without prior approval. Absence of such authorisation defeats the voluntary character of the compromise mandated under the provision, rendering the resulting decree contrary to law. (ii) Civil Procedure Code, 1908, O.23 R.3 -- Compromise Decree -- Form of Compromise -- Must be reduced to writing and signed by each party. This requirement, introduced by the 1976 amendment, guards against false and frivolous pleas of compromise between parties and is a mandatory precondition for a valid compromise decree. (iii) Civil Procedure Code, 1908, O.23 R.3 -- Compromise Decree -- Remedy Against Decree -- Confines the aggrieved party to an application for recall before the court that passed the decree. Neither a fresh suit nor an appeal lies against a compromise decree.
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